JUDGMENT - KOTWAL V.S., J.: - (Paras 1 to 3 of the Judgment not meant for reporting.)

4. A bare structure of few facts to resolve the controversy may be necessary as also sufficient. The petitioner has been detained under the provisions of the National Security Act for which purpose the Detaining Authority has formulated three grounds, which are reflected in the order. For that purpose reliance has been placed on certain documents which obviously would be part and parcel of the grounds of detention. The main contention of Shri Canteenwala, the learned Counsel, is to be effect that all these three items squarely and exclusively fall within the purview of the said Act if at all they can be said to formulate any valid ground for detention and as such by reason of bar provided under section 17 of the said Act same cannot be lifted out of the purview of the said Act and brought under the mischief of the provisions of the National Security Act. Shri Canteenwalla, the learned Counsel canvassed multifold contentions as the impugned order suffers from different vices such as (i) it is mala fide as it was passed after pre-determination and after proclamation by the Chief Secretary that certai

Click Here to Read the rest of this document